subchapter 05b uniform commercial code section

 

section .0100 general provisions

 

18 NCAC 05B .0101 SCOPE

 

History Note: Authority G.S. 25-9-526; 143A-23;

Temporary Adoption Eff. July 2, 2001;

Temporary Adoption Expired Eff. March 29, 2002.

18 NCAC 05B .0102 DEFINITIONS

In addition to the definitions contained in G.S. 25-9-102, the following terms shall have the respective meanings and shall apply to the rules in this Subchapter:

(1) "Amendment" means a UCC record that amends the information contained in a financing statement. Amendments include assignments, continuations and terminations.

(2) "Assignment" is an amendment that assigns all or part of a secured party's power to authorize an amendment to a financing statement.

(3) "Business to Government (B2G)" relationship means business to government electronic communication and interaction which facilitates the transfer of XML files and documents between business and government, including, but not limited to, electronic filing and on-line searches.

(4) "Correction statement" means a UCC record that indicates that a financing statement is inaccurate or wrongfully filed.

(5) "E-filing account" means the account number a remitter shall be assigned upon subscribing to this method of payment

(6) "Filing office" and "filing officer" mean the Uniform Commercial Code (UCC) Section of the North Carolina Department of the Secretary of State.

(7) "Filing officer statement" means a statement entered into the filing office's information system to correct an error by the filing office.

(8) "FTP site" means the Department's repository that stores UCC filing record data and makes the raw data accessible to subscribers over the internet via file transfer protocol.

(9) "Individual" means a human being, or a decedent in the case of a debtor that is such decedent's estate.

(10) "Initial financing statement" means a UCC record containing the information required to be in an initial financing statement and that causes the filing office to establish the initial record of existence of a financing statement.

(11) "Organization" means a legal person who is not an individual.

(12) "Processing fee" means the fee remitted to the filing office for filing and indexing a UCC record.

(13) "Remitter" means a person who tenders a UCC record to the filing officer for filing, whether the person is a filer or an agent of a filer responsible for tendering the record for filing. "Remitter" does not include a person responsible merely for the delivery of the record to the filing office, such as the postal service or a courier service but does include a service provider who acts as a filer's representative in the filing process.

(14) "UCC" means the Uniform Commercial Code as adopted in North Carolina.

(15) "UCC record" means an initial financing statement, an amendment, an assignment, a continuation, a termination, a filing officer statement, or a correction statement and shall not be deemed to refer exclusively to paper or paper-based writings.

 

History Note: Authority G.S. 25-9-102; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0103 PLACE OF FILING, TIME OF FILING, AND METHODS OF DELIVERY

(a) The filing party shall have the responsibility to determine if filing is necessary in the UCC Section. The UCC Section shall not give legal assistance to any individual to determine if filing is necessary.

(b) UCC records may be tendered for filing at the filing office as follows:

(1) Personal delivery at the filing office's street address: Old Revenue Building, 2 S. Salisbury Street, P.O. Box 29622, Raleigh, NC 27626-0622. Regular business hours: 8:00 a.m. 5:00 p.m., Monday through Friday. The file time for a UCC record delivered by this method is when delivery of the UCC record is accepted by the filing office even though the UCC record may not yet have been accepted for filing and subsequently may be rejected.

(2) Courier delivery at the filing office's street address. The file time for a UCC record delivered by this method is, notwithstanding the time of the delivery, at the earlier of the time the UCC record is first examined by a filing officer for processing even though the UCC record may not yet have been accepted for filing and may be subsequently rejected. A UCC record delivered after regular business hours or on a day the filing office is not open for business will shall have a filing time of the close of business on the next day the filing office is open for business.

(3) Postal service delivery, to the filing office's mailing address. The file time for a UCC record delivered by this method is the next close of business following the time of delivery even though the UCC record may not yet have been accepted for filing and may be subsequently rejected. A UCC record delivered after regular business hours or on a day the filing office is not open for business shall have a filing time of the close of business on the next day the filing office is open for business.

(4) Electronic filing: UCC filings, excluding correction statements and filing officer statements, may be transmitted through web site submission, using the current XML standard approved by the International Association of Corporate Administrators. Documentation for the current standard can be obtained at www.sosnc.com/ucc. The file time for a UCC record delivered by this method is the time that the filing office's E-filing system analyzes the relevant transmission and determines that all the required elements of the transmission have been received in a required format and are machine-readable. An E-filing account number shall be assigned to the remitter prior to electronic filings.

(c) UCC search requests shall be delivered to the filing office by any of the means by which UCC records may be delivered to the filing office. Requirements concerning search requests are set forth in Section .0500 of this Subchapter. An Information Request Form shall be used to request a search.

(d) In addition to contacting the Section at the address provided in Subparagraph (c)(1) of this Rule, information may be obtained from the filing office in the following ways:

(1) On-line information service: The filing officer offers on-line information services at www.sosnc.com/ucc.

(2) Electronic Mail: For basic information the UCC Section may be contacted by email at uccmail@sosnc.com. Electronic mail shall not be used for filing UCC records or for requesting searches of the records of financing statements.

(3) Telephone Number: The telephone number of the Section is 919-807-2111.

(4) Fax Number: The fax number of the Section is 919-807-2120.

 

History Note: Authority G.S. 25-9-501; 25-9-523; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0104 CONTENTS OF RECORDS SUBMITTED FOR FILING

The filing office shall not be responsible for the sufficiency of the contents of any record submitted for filing. The filing party shall be responsible for seeing that the record meets all of the statutory requirements for a sufficient financing statement. The fact that a record has been accepted for filing shall not indicate that the record is sufficient as a financing statement.

 

History Note: Authority G.S. 25-9-516; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002.

 

18 NCAC 05B .0105 APPROVED FORMS

UCC forms may be obtained at the Department's web page at www.sosnc.com.

 

History Note: Authority G.S. 25-9-521; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0106 PROCESSING FEES AND METHODS OF PAYMENT

(a) A list of processing fees required by G.S. 25-9-525 and G.S. 147-37 is available upon request.

(b) Processing fees for public records services may be paid by the following methods:

(1) Cash. Payment in cash shall be accepted if paid in person at the filing office.

(2) Checks. Personal checks, cashier's checks and money orders made payable to the NC Department of the Secretary of State shall be accepted for payment.

(3) Electronic funds transfer. E-filing accounts shall be established through an agreement between the filing office and the remitter. Payments shall be made through an automated contract. The filing officer shall deduct processing fees from the remitter's prepaid account when authorized to do so when the remitter files a UCC record with the remitter's E-filing account number.

(4) Prepaid account. A remitter shall open an E-filing account for prepayment of fees by submitting an application prescribed by the filing officer and prepaying an amount not less than five hundred dollars ($500.00), the balance of which shall not fall below thirty dollars ($30.00). The filing officer shall issue an E-filing account number to be used by a remitter who chooses to pay processing fees by this method. The filing officer shall deduct processing fees from the remitter's prepaid account when authorized to do so when the remitter files a UCC record with the remitter's E-filing account number.

(c) The filing office's policies on underpayment of processing fees are as follows:

(1) Upon receipt of a record without a processing fee, the filing officer shall reject the record.

(2) In the case of bulk filings which have 50 or more records, and the remitter presents records to be filed with a deficient processing fee, a notice of the deficiency shall be sent to the remitter and the records shall be held for a period of 10 business days from the date of the notice for receipt of the fee. Upon receipt of the fee, the documents shall be filed as of the time and date of receipt of the full processing fee. If the fee is not received within 10 business days of the date of the notice, the document shall be returned to the remitter with a written explanation for the refusal to accept the document(s). Processing fees shall not be refundable.

(3) If the remitter presents a UCC record that contains a filing and a search request on the same form with an insufficient fee, the filing officer shall accept the record presented for filing if the fee is enough to cover the filing and reject the search request if the balance of the fee is insufficient to cover the search.

 

History Note: Authority G.S. 25-9-525; 25-9-526; 147-37;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05b .0107 PUBLIC RECORDS SERVICES

(a) The following methods shall be available for obtaining copies of UCC records and copies of data from the UCC information management system:

(1) Copies of individually identified records shall be available in the following forms:

(A) "B2G" Relationship by subscription;

(B) Paper; and

(C) Web-based access.

(2) Bulk copies of records of UCC records shall be available in the following forms:

(A) FTP site by subscription; and

(B) Web-based access.

(b) A list of available data elements from the UCC information management system, and the file layout of the data elements, shall be available from the filing officer upon request. Data from the information management system shall be available as follows:

(1) Full Extracts. Bulk data extracts of information from the UCC information management system shall be available on a weekly basis.

(2) Format. Extracts from the UCC information management system shall be available in the following formats:

(A) FTP site by subscription. ASCII Text delimited with tabs between data elements and carriage returns at end of each record. One table per file. The current data layouts shall be on the FTP site;

(B) "B2B Relationship" by subscription; and

(C) Web-based access.

(3) Images of records shall be available by subscription by contacting the filing officer.

 

History Note: Authority G.S. 25-9-523(d); 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0108 FEES FOR PUBLIC RECORDS SERVICES

Fees for public records services shall be established as follows:

(1) Paper copies of individual records shall be two dollars ($2.00) per page.

(2) Reserved.

(3) Bulk Copies of records.

(a) Reserved.

(b) Reserved.

(c) Reserved.

 

History Note: Authority G.S. 25-9-523; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

SECTION .0200 ACCEPTANCE AND REFUSAL OF RECORDS

 

18 NCAC 05B .0201 ROLE OF FILING OFFICER

The duties and responsibilities of the filing officer with respect to the administration of the UCC are ministerial. In accepting for filing or refusing to file a UCC record pursuant to the rules in this Subchapter, the filing officer shall do none of the following:

(1) Determine the legal sufficiency or insufficiency of a record;

(2) Determine that a security interest in collateral exists or does not exist;

(3) Determine that information in the record is correct or incorrect, in whole or in part; and

(4) Create a presumption that information in the record is correct or incorrect, in whole or in part.

 

History Note: Authority G.S. 25-9-516; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0202 GROUNDS FOR REFUSAL OF UCC DOCUMENT

(a) As used in this Rule, the term "legible" is not limited to refer only to written expressions on paper: it requires a machine-readable transmission for electronic transmissions and an otherwise readily decipherable transmission in other cases.

(b) Debtor name and address. An initial financing statement or an amendment that purports to add a debtor shall be refused if the document fails to include a legible debtor name and address for a debtor, in the case of an initial financing statement, or for the debtor purporting to be added in the case of such an amendment. If the document contains more than one debtor name or address and some names or addresses are missing or illegible, the filing officer shall index the legible name and address pairings, and provide a notice to the remitter containing the file number of the document identification of the debtor name(s) that was (were) indexed, and a statement that debtors with illegible or missing names or addresses were not indexed.

(c) Additional debtor identification. An initial financing statement or an amendment adding one or more debtors shall be refused if the document fails to identify whether each named debtor (or each added debtor in the case of such an amendment) is an individual (personal name) or an organization (commercial name), if the last name of each individual debtor is not identified, or if, for each debtor identified as an organization, the document does not include in legible form the organization's type, state of organization and organization number, or the SOS ID number in North Carolina, or a statement that it does not have one.

(d) Secured party name and address. An initial financing statement, an amendment purporting to add a secured party of record, or an assignment, shall be refused if the document fails to include a legible secured party (or assignee in the case of an assignment) name and address. If the document contains more than one secured party (or assignee) name or address and some names or addresses are missing or illegible, the filing officer shall refuse the UCC document.

(e) Lack of identification of initial financing statement. A UCC document other than an initial financing statement shall be refused if the document does not provide a file number of a financing statement in the UCC information management system that has not lapsed.

(f) Identifying information. A UCC document that does not identify itself as an amendment or identify an initial financing statement to which it relates, as required by G.S. 25-9-512(1), 25-9-514(b), or 25-9-518(b)(1), is an initial financing statement.

(g) Timeliness of continuation. A continuation shall be refused if it is not received during the six-month period concluding on the day upon which the related financing statement would lapse.

(1) First day permitted. The first day on which a continuation may be filed is the date of the month corresponding to the date upon which the financing statement would lapse, six months preceding the month in which the financing statement would lapse. If there is no such corresponding date during the sixth month preceding the month in which the financing statement would lapse, the first day on which a continuation may be filed is the last day of the sixth month preceding the month in which the financing statement would lapse, although filing by certain means may not be possible on such date if the filing office is not open on such date.

(2) Last day permitted. The last day on which a continuation may be filed is the date upon which the financing statement lapses.

 

History Note: Authority G.S. 25-9-515; 25-9-516; 25-9-520(a); 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0203 PROCEDURE UPON REFUSAL

If the filing officer finds grounds to refuse acceptance of a UCC record, the filing officer shall comply with G.S. 25-9-520. All filing and indexing fees are nonrefundable.

 

History Note: Authority G.S. 25-9-520; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0204 NOTIFICATION OF DEFECTS

A filing officer from communicating to a filer or a remitter that the filing officer noticed apparent potential defects in a UCC record, whether or not it was filed or refused for filing. However, the filing office is under no obligation to do so. The responsibility for the legal effectiveness of filing rests with filers and remitters and the filing office bears no responsibility for such effectiveness.

 

History Note: Authority G.S. 25-9-520; 25-9-526(b);

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0205 REFUSAL ERRORS

If a secured party or a remitter demonstrates to the satisfaction of the filing officer that a UCC record that was refused for filing should not have been, the filing officer shall file the UCC record as provided in the rules in this Subchapter with a filing date and time assigned when such filing occurs. The filing officer shall also file a filing officer statement that states the effective date and time of filing which shall be the date and time the UCC record was originally tendered for filing.

 

History Note: Authority G.S. 25-9-516; 25-9-518; 25-9-526(b);

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0206 FILING OFFICER ERRORS

The filing office may correct the errors of the filing officer personnel in the UCC information management system at any time. If the correction occurs after the filing officer has issued a certification date, the filing officer shall file a filing officer statement in the UCC information management system identifying the record to which it relates, the date of the correction, and explaining the nature of the corrective action taken. The record shall be preserved as long as the record of the initial financing statement is preserved in the UCC information management system.

 

History Note: Authority G.S. 25-9-516; 25-9-517; 25-9-518; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0207 NOTICE OF BANKRUPTCY

The filing officer shall take no action upon receipt of a notification, formal or informal, of a bankruptcy proceeding involving a debtor named in the UCC information management system.

 

History Note: Authority G.S. 25-9-522; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

SECTION .0300 UCC INFORMATION MANAGEMENT SYSTEM

 

18 NCAC 05B .0301 POLICY STATEMENT

The filing officer shall use an information management system to store, index, and retrieve information relating to financing statements. The information management system shall include an index of the names of debtors named on financing statements that have not lapsed. The rules in this Section describe the UCC information management system.

 

History Note: Authority G.S. 25-9-526(b)(3);

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0302 PRIMARY DATA ELEMENTS

The primary data elements used in the UCC information management system are the following:

(1) Identification numbers.

(a) Each initial financing statement shall be identified by its file number as described in G.S. 25-9-519(b). Identification of the initial financing statement shall be stamped on written UCC records or otherwise permanently associated with the record maintained for UCC records in the UCC information management system. A record shall be created in the information management system for each initial financing statement and all information comprising such record shall be maintained in such system. Such record shall be identified by the same information assigned to the initial financing statement.

(b) A UCC record other than an initial financing statement shall be identified by a unique filing number assigned by the filing officer. In the information management system, records of all UCC records other than initial financing statements shall be linked to the record of their related initial financing statement.

(2) Type of record. The type of UCC record from which data is transferred shall be identified in the information management system from information supplied by the remitter.

(3) Filing date and filing time. The filing date and filing time of UCC records shall be stored in the information management system. Calculation of the lapse date of an initial financing statement shall be based upon the filing date.

(4) Identification of parties. The names and addresses of debtors and secured parties shall be transferred from UCC records to the UCC information management system using one or more data entry or transmittal techniques.

(5) Status of financing statement. In the information management system, each financing statement shall have a status of active or inactive.

(6) Page count. The total number of pages in a UCC record shall be maintained in the information management system.

(7) Lapse indicator. An indicator is maintained by which the information management system identifies whether or not a financing statement shall lapse and, if it does, when it lapses. The lapse date determined as provided in Rule .0405(c) of this Subchapter.

 

History Note: Authority G.S. 25-9-519(b); 25-9-526(b)(3);

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0303 INITIAL FINANCING STATEMENT

Upon the filing of an initial financing statement the status of the parties and the status of the financing statement shall be as follows:

(1) Status of secured party. Each secured party named on an initial financing statement shall be a secured party of record, except that if the UCC record names an assignee, the secured party/assignor shall not be a secured party of record and the secured party/assignee shall be a secured party of record.

(2) Status of debtor. The status of a debtor named on the record shall be active and shall continue as active until one year after the financing statement lapses.

(3) Status of financing statement. The status of the financing statement shall be active. A lapse date shall be calculated, five years from the file date, unless the initial financing statement indicates that it is filed with respect to a public-financing transaction or a manufactured - home transaction, in which case the lapse date shall be 30 years from the file date, or if the initial financing statement indicates that it is filed against a transmitting utility, in which case there shall be no lapse date. A financing statement shall remains active until one year after it lapses, or if it is indicated to be filed against a transmitting utility, until one year after it is terminated with respect to all secured parties of record.

 

History Note: Authority G. S. 25-9-511(a); 25-9-514; 25-9-515; 25-9-519(g); 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0304 AMENDMENT

The filing office shall act on any UCC record filed with the filing office by adding information obtained from the UCC record to the information system. The filing office shall not act on any UCC record by deleting any information from the information system. An amendment shall have no effect upon the status of the financing statement or parties, except that a continuation may extend the period of effectiveness of a financing statement. The filing office may remove the UCC record and delete the names under which it was indexed one year after lapse. A financing statement filed against a transmitting utility shall lapse when terminated by the last secured party of record.

Upon the filing of an amendment the status of the parties and the status of the financing statement shall be as follows:

(1) Status of secured party and debtor. An amendment shall affect the status of its debtor(s) and secured party(ies) as follows:

(a) Collateral amendment or address change. An amendment that amends only the collateral description or one or more addresses has no effect upon the status of any debtor or secured party. If a statement of amendment is authorized by less than all of the secured parties (or, in the case of an amendment that adds collateral, less than all of the debtors), the statement affects only the interests of each authorizing secured party (or debtor).

(b) Debtor name change. An amendment that changes a debtor's name has no effect on the status of any debtor or secured party, except that the related initial financing statement and all UCC records that include an identification of such initial financing statement shall be cross-indexed in the UCC information management system so that a search under either the debtor's old name or the debtor's new name shall reveal such initial financing statement and such related UCC records. Such a statement of amendment affects only the rights of its authorizing secured party(ies).

(c) Secured party name change. An amendment that changes the name of a secured party has no effect on the status of any debtor or any secured party, but the new name is added to the index as if it were a new secured party of record.

(d) Addition of a debtor. An amendment that adds a new debtor name has no effect upon the status of any party to the financing statement, except the new debtor name shall be added as a new debtor on the financing statement. The addition shall affect only the rights of the secured party(ies) authorizing the statement of amendment.

(e) Addition of a secured party. An amendment that adds a new secured party shall not affect the status of any party to the financing statement, except that the new secured party name shall be added as a new secured party on the financing statement.

(f) Deletion of a debtor. An amendment that deletes a debtor has no effect on the status of any party to the financing statement, even if the amendment purports to delete all debtors.

(g) Deletion of a secured party. An amendment that deletes a secured party of record has no effect on the status of any party to the financing statement, even if the amendment purports to delete all secured parties of record.

(2) Status of financing statement. An amendment shall have no effect upon the status of the financing statement, except that a continuation may extend the period of effectiveness of a financing statement.

 

History Note: Authority G.S. 25-9-512; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0305 ASSIGNMENT OF POWERS OF SECURED PARTY OF RECORD

(a) An assignment shall have no effect on the status of the parties to the financing statement, except that each assignee named in the assignment shall become a secured party of record.

(b) An assignment shall have no effect upon the status of the financing statement.

 

History Note: Authority G.S.25-9-514; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0306 CONTINUATION

(a) Upon the timely filing of one or more continuations by any secured party(ies) of record, the lapse date of the financing statement shall be postponed for five years.

(b) The filing of a continuation shall have no effect upon the status of any party to the financing statement.

(c) Upon the filing of a continuation statement, the status of the financing statement shall remains active.

 

History Note: Authority G.S. 25-9-515(e); 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0307 TERMINATION

(a) The filing of a termination shall have no effect upon the status of any party to the financing statement.

(b) A termination shall have no effect upon the status of the financing statement and the financing statement shall remain active in the information management system until one year after it lapses, unless the termination relates to a financing statement that indicates it is filed against a transmitting utility, in which case the financing statement shall become inactive one year after it is terminated with respect to all secured parties of record.

 

History Note: Authority G.S. 25-9-513; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0308 CORRECTION STATEMENT

The filing of a correction statement shall have no effect upon the status of the financing statement or any party to the financing statement.

 

History Note: Authority G.S. 25-9-518; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0309 PROCEDURE UPON LAPSE

If there is no timely filing of a continuation with respect to a financing statement, the financing statement shall lapse on its lapse date but no action shall be taken by the filing office. On the first anniversary of such lapse date, the information management systems shall render or shall cause to render the financing statement inactive and the financing statement shall no longer be made available to a searcher unless inactive statements are requested by the searcher and the financing statement is still retrievable by the information management system.

 

History Note: Authority G.S. 25-9-515(c); 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0310 IACA STANDARD ADOPTED

The XML Format as adopted by the International Association of Corporate Administrators shall be adopted in North Carolina for electronic transmission of UCC records. An E-filing account shall be created before submitting an XML filing. The electronic filing shall pass verification to the DTD (Document Type Definition). Failure to pass this verification shall result in rejection of the record pursuant to G.S. 25-9-516(b)(1).

 

History Note: Authority G.S. 25-9-526(b); 25-9-516(b)(1);

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0311 IMPLEMENTATION GUIDE

The filing office shall publish an implementation guide that prescribes the use of the XML Format. The guide shall be available on the Department's web site and to the public upon request.

 

History Note: Authority G. S. 25-9-526(b);

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0312 DIRECT ON-LINE DATA ENTRY PROCEDURES

Upon application and approval of an E-filing account, the remitter shall receive direct on-line data entry procedures to file UCC records on-line. Persons interested in filing records in this manner shall contact the Department at the addresses listed in Rule .0102 of this Subchapter.

 

History Note: Authority G.S. 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

SECTION .0400 FILING AND DATA ENTRY PROCEDURES

 

18 NCAC 05B .0401 POLICY STATEMENT

This Section contains rules describing the indexing and filing procedures of the filing officer upon and after receipt of a UCC document. The filing officer shall promptly file a document that conforms to the rules in this Section. Except as provided in this Section, data shall be transferred from a UCC document to the information management system exactly as the data are set forth in the document. Personnel who create reports in response to search requests shall enter search criteria exactly as set forth on the search request. No effort shall be made to detect or correct errors of any kind that are made by the filer.

 

History Note: Authority G.S. 25-9-519; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0402 MINIMUM STANDARDS FOR INDEXING AND FILING UCC RECORDS

 

History Note: Authority G.S. 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Temporary Adoption Expired Eff. March 29, 2002.

 

18 NCAC 05B .0403 DOCUMENT FILING, REVIEW, AND ACKNOWLEDGMENT

(a) Date and time stamp. The date and time of receipt shall be noted on the document or otherwise permanently associated with the record maintained for a UCC document in the UCC information management system at the earliest possible time.

(b) Document review. The filing office shall determine whether a ground exists to refuse the document under Section .0200 of this Subchapter.

(1) File stamp. If there is no ground for refusal of the document, the document shall be stamped or deemed filed and a unique identification number and the filing date shall be stamped on the document or permanently associated with the record of the document maintained in the UCC information management system. The sequence of the identification number shall not be an indication of the order in which the document was received.

(2) Correspondence. If there is a ground for refusal of the document, notification of refusal to accept the document shall be prepared as provided in Section .0200 of this Subchapter. If there is no ground for refusal of the document, an acknowledgment of filing shall be prepared to send to the person who has requested the acknowledgment. If the person who requests the acknowledgment desires an electronic acknowledgment, he shall provide an email address to the filing officer. If the UCC document was tendered in person, notice of the refusal or acknowledgment of the filing shall be given to the remitter by personal delivery if possible. If the UCC document was tendered by E-filing, the acknowledgment shall be in the form of an XML document attached to an email and shall be electronically transmitted to the remitter.

 

History Note: Authority G.S. 25-9-519; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0404 ENTRY OF INDIVIDUAL AND ORGANIZATIONAL NAMES

(a) This Rule sets forth basic indexing procedures for UCC documents and subsequently provides index retrieval information to persons who search the indexes for UCC data in the information management system.

(b) The names of debtors and secured parties who are "individuals" (human beings, or decedents in the case of a debtor that is such decedent's estate) shall be stored in files that include only the names of individuals, and not the names of organizations. Separate data entry fields shall be established for first (given), middle (given), and last names (surnames) of individuals. A filer shall place the name of a debtor with a single name (e.g., "Cher") in the last name field on the UCC form. The filing officer shall not be responsible for the accurate designation of the components of a name but shall accurately enter the data in accordance with the filer's designations.

(c) The names of debtors and secured parties that are organizations shall be stored in files that include only the names of organization and not the names of individuals. A single field shall be used to store an organization name.

(d) If a trust is named in its organic document(s), its full legal name, as set forth in such document(s), shall be used. Such trusts shall be treated as organizations. If the trust is not so named, the name of the settlor shall be used. If a settlor is indicated to be an organization, the name shall be treated as an organization name. If the settlor is an individual, the name shall be treated as an individual name. A UCC document that uses a settlor's name shall include other information provided by the filer to distinguish the debtor trust from other trusts having the same settlor and all financing statements filed against trusts or trustees acting with respect to property held in trust shall indicate the nature of the debtor. If this is done in, or as part of, the name of the debtor, it shall be entered as if it were part of the name under Rule .0407 of this Section.

 

History Note: Authority G.S. 25-9-519; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0405 FILING DATES AND LAPSE CALCULATIONS

(a) The filing date of a UCC document shall be the date the UCC document is received with the proper processing fee if the filing office is open to the public on that date or, if the filing office not so open on the date, the filing date is the next date the filing office is so open, except that, in each case, UCC documents received after 5:00 p.m. shall be deemed received on the following day. The filing officer shall perform any duty relating to the document on the filing date or on a date after filing date.

(b) The filing time of a UCC document shall be determined as provided in Rule .0103 of this Subchapter.

(c) A lapse date shall be calculated for each initial financing statement (unless the debtor is indicated to be a transmitting utility as provided in Rule .0303 of this Subchapter). The lapse date shall be the same date of the same month as the filing date in the fifth year after the filing date or relevant subsequent fifth anniversary thereof if a timely continuation statement is filed, but if the initial financing statement indicates that it is filed with respect to a public-finance transaction or a manufactured-home transaction, the lapse date shall be the same date of the same month as the filing date in the thirtieth year after the filing date. The lapse shall take effect at midnight at the end of the lapse date. The relevant anniversary for a February 29 filing date shall be March 1 in the fifth year following the year of the filing date.

 

History Note: Authority G.S. 25-9-515; 25-9-519; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0406 FILING ERRORS

(a) The filing office may correct the errors of the filing officer personnel in the UCC information management system at any time. If the correction occurs after the filing officer has issued a certification date, the filing officer shall file an administrative action statement in the UCC information management system identifying the record to which it relates, the date of the correction and explaining the nature of the corrective action taken. The record shall be preserved as long as the record of the initial financing statement is preserved in the UCC information management system.

(b) An error by a filer is the responsibility of such filer. It may be corrected by filing an amendment or a correction statement may disclose it.

 

History Note: Authority G.S. 25-9-517; 25-9-518; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0407 DESIGNATED NAME FIELDS

A filing shall designate whether a name is a name of an individual or an organization and, if an individual also designates the first, middle and last names and any suffix. When this is done, the following rules shall apply:

(1) Organization names. Organization names shall be entered into the UCC information system exactly as set forth in the UCC document, even if it appears that multiple names are set forth in the document or if it appears that the name of an individual has been included in the field designated for an organization name.

(2) Individual names. On a form that designates separate fields for first, middle, and last name and suffix, the filing office shall enter the names into the first, middle, and last name and suffix fields in the UCC information management system exactly as set forth on the form.

(3) The filing office shall use only those forms that designate separate fields for individual and organization names and separate fields for first, middle, and last names and suffix. Such forms shall reduce the possibility of filing office error and help assure that filers' expectations are met.

 

History Note: Authority G.S. 25-9-519; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0408 VERIFICATION OF DATA ENTRY

The filing officer shall use visual verification to verify the accuracy of data entry tasks.

 

History Note: Authority G.S. 25-9-519; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0409 CREATION OF NEW RECORDS

(a) Initial financing statement. A new record shall be opened in the UCC information management system for each initial financing statement that bears the file number of the financing statement and the date and time filing.

(1) The name and address of each debtor that are legibly set forth in the financing statement shall be entered into the record of the financing statement. Each such debtor name shall be included in the searchable index and shall not be removed until one year after the financing statement lapses. Debtor addresses shall be included in the searchable index.

(2) The name and address of each secured party that are legibly set forth in the financing statement shall be entered into the record of the financing statement.

(3) The record shall be indexed according to the name of the debtor(s) and shall be maintained for public inspection.

(4) A lapse date shall be established for the financing statement, unless the initial financing statement indicates it is filed against a transmitting utility, and the lapse date shall be maintained as part of the record.

(b) Amendment. A record shall be created for the amendment that bears the file number for the amendment and the date and time of filing.

(1) The record of the amendment shall be associated with the record of the related initial financing statement in a manner that shall cause the amendment to be retrievable each time a record of the financing statement is retrieved.

(2) The name and address of each additional debtor and secured party shall be entered into the UCC information management system in the record of the financing statement. Each such additional debtor name shall be added to the searchable index and shall not be removed until one year after the financing statement lapses. Debtor addresses shall be included in the searchable index.

(3) If the amendment is a continuation, a new lapse date shall be established for the financing statement and maintained as part of its record.

(c) Correction statement. A record shall be created for the correction statement that bears the file number for the correction statement and the date and time filing. The record of the correction statement shall be associated with the record of the related initial financing statement in a manner that shall cause the correction statement to be retrievable each time a record of the financing statement is retrieved.

 

History Note: Authority G.S. 25-9-519; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0410 ARCHIVAL DOCUMENTS

(a) Financing statements shall remain active and searchable for one year after they lapse. The following describes the maintenance of archives of inactive financing statements and the ability of those archived records to be searched.

(1) Paper UCC records shall be on file in the filing office for at least six years, and shall include an additional one year after the record has lapsed. After the six years has lapsed, the records shall be purged and recycled. Paper UCC records may be searched by submitting an Information Request Form to the filing office.

(2) Microfilm of all UCC records dating from 1960 shall be kept on file for public inspection in the record and research areas in the filing office. The availability of these microfilmed records shall be kept until these UCC records are imaged in the information management system. The microfilm shall also be sent to the state records center for archiving. Searches on UCC records on microfilm may be conducted in the filing office.

(3) Electronic images of UCC records dating from 1998 shall be available through the information management system and may be searched through the filing office's web site.

(b) Data in the UCC information management system relating to financing statements that have lapsed shall be retained for five years from the date of lapse and shall thereafter be maintained in archives.

(c) For data that has been placed in an archived status may be searched by submitting an Information Request Form to the filing office.

 

History Note: Authority G.S. 25-9-522; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

section .0500 search requests and reports

 

18 NCAC 05B .0501 GENERAL REQUIREMENTS

The filing officer shall maintain for public inspection a searchable index for all records of UCC records. The index shall provide for the retrieval of a record by the name of the debtor and by the file number of the initial financing statement and each filed UCC record relating to the initial financing statement.

 

History Note: Authority G.S.25-9-523; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0502 SEARCH REQUESTS AND REPORTS

Search requests shall contain the following information:

(1) Name searched. A search request shall set forth the correct name of the debtor to be searched and must specify whether the debtor is an individual or an organization. A search request shall be processed using the name in the exact form it is submitted.

(2) Requesting party. A search request shall include the name and address of the person to whom the search report is to be sent.

(3) Fee. The appropriate fee shall be enclosed, payable by a method described in Rule .0105 of this Subchapter.

(4) Search request with filing. If a filer requests a search at the time a UCC record is filed, the name searched shall be the debtor name as set forth on the form. The requesting party shall be the remitter of the UCC record, and the search request shall be deemed to request a search that would retrieve all financing statements filed on or prior to the date the UCC record is filed.

 

History Note: Authority G.S. 25-9-523; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0503 RULES APPLIED TO SEARCH REQUESTS

Search results shall be produced by the application of standardized search logic to the name presented to the filing officer. Human judgment shall not play a role in determining the results of the search. The following rules shall apply to searches:

(1) There shall be no limit to the number of matches that may be returned in response to the search criteria.

(2) No distinction shall be made between upper and lower case letters.

(3) Punctuation marks and accents shall be disregarded.

(4) Words and abbreviations at the end of a name that indicate the existence or nature of an organization as set forth in the "Ending Noise Words" list as promulgated and adopted by IACA shall be disregarded. This list may be viewed or obtained by contacting the UCC Section.

(5) The word "the" at the beginning of the search criteria shall be disregarded.

(6) For first and middle names of individuals, initials shall be treated as the logical equivalent of all names that begin with such initials, and first name and no middle name or initial shall be equated with all middle names and initials. For example, a search request for "John A. Smith" shall cause the search to retrieve all filings against all individual debtors with "John" or the initial "J" as the first name, "Smith" as the last name, and with the initial "A" or any name beginning with "A" in the middle name field. If the search request were for "John Smith" (first and last names with no designation in the middle name field), the search shall retrieve all filings against individual debtors with "John" or the initial "J" as the first name, "Smith" as the last name and with any name or initial or no name or initial in the middle name field.

(7) After using the preceding paragraphs of this Rule to modify the name to be searched, the search shall reveal only names of debtors that are contained in unlapsed financing statements and, exactly match the name requested, as modified.

 

History Note: Authority G.S. 25-9-519; 25-9-523; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0504 OPTIONAL INFORMATION

A UCC search request may contain any of the following information:

(1) The request may limit the records requested by limiting them by the city and state of the debtor, and the date of filing or a range of filing dates. A report created by the filing officer in response to such a request shall contain the statement: "A limited search may not reveal all filings against the debtor searched and the searcher bears the risk of relying on such a search".

(2) The request may ask for copies of UCC records identified on the primary search response.

(3) Instructions on the mode of delivery desired may be requested, if other than by ordinary mail, and shall be honored if the requested mode is available to the filing office.

 

History Note: Authority G.S. 25-9-523; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0505 SEARCH RESPONSES

Reports created in response to a search request shall include the following:

(1) Filing officer. Identification of the filing officer and the certification of the filing officer required by law.

(2) Report date. The date the report was generated.

(3) Name searched. Identification of the name searched.

(4) Certification date. The certification date and time for which the search is effective.

(5) Identification of initial financing statements. Identification of each unlapsed initial financing statement filed on or prior to the certification date and time corresponding to the search criteria, by name of debtor, by identification number, and by file date and file time.

(6) History of financing statement. For each initial financing statement on the report, a listing of all related UCC records filed by the filing officer on or prior to the certification date.

(7) Copies. Copies of all UCC records revealed by the search and requested by the searcher.

 

History Note: Authority G.S. 25-9-519; 25-9-523; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

SECTION .0600 NOTICE OF FEDERAL TAX LIEN

 

18 NCAC 05B .0601 POLICY STATEMENT

The purpose of the rules in this Section is to describe records of liens maintained by the filing office created pursuant to statutes other than the UCC that are treated by the filing officer in a manner substantially similar to UCC records and are included on request with the reports described in Rule .0502 of this Subchapter.

 

History Note: Authority G.S. 25-9-519; 25-9-526; 44-68.14(a)(1); 44-68.14(b);

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0602 FILING

(a) The UCC Section of the Department shall file Federal Tax Liens on corporations and partnerships whose executive office is located in North Carolina. These liens shall be indexed by the taxpayer's name and shall be available for public inspection. The Internal Revenue Service files Federal tax liens with the Department.

(b) The fee schedule for filing tax liens shall be available upon request.

(c) A notice of a tax lien filed by the Internal Revenue Service shall be filed and indexed in the filing office in the same manner as a UCC initial financing statements as provided in G.S. 25-9-519.

(d) A certificate of release or nonattachment shall be filed and indexed in the same manner as a UCC termination as provided in G.S. 25-9-519, except that the original notice of the tax lien shall not be removed or purged from the information management system in the filing office.

(f) A certificate of discharge or subordination shall be filed and indexed in the same manner as a UCC release of collateral as provided in G.S. 25-9-519.

 

History Note: Authority G.S. 25-9-519; 25-9-526; 44-68.14; 44-68.15;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

18 NCAC 05B .0603 REQUESTS FOR INFORMATION

Requests for information on a tax lien shall be handled by the filing officer in the same manner as provided in G.S. 25-9-523(c). The fee for copies, certificates, and requests for information on tax liens is available upon request.

 

History Note: Authority G.S. 44.68.14(d); 25-9-519; 25-9-526;

Temporary Adoption Eff. July 2, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.